The U.S. Administration for Children and Families is investigating a Massachusetts policy requiring foster parents to affirm a child’s stated gender identity. Andrew Gradison, the Trump administration official in charge of the office, said he is “committed to the sacred responsibilities of protecting children, supporting families, and upholding the values that define us as Americans,” in a letter to Staverne Miller, commissioner of the Massachusetts Department of Children and Families, dated September 30. Gradison, acting assistant secretary of the U.S. Department of Health and Human Services, wrote that had become aware of the state agency's “LGBTQIA+ Nondiscrimination" policies, which he said “deny qualified adoptive parents the opportunity of providing children a loving home, solely because they cannot, in good conscience, commit to affirming a hypothetical child’s gender identity.” “It is my understanding that noncompliance with this policy even constitutes evidence against a family in cases involving removal,” Gradison wrote. Gradison said the policy has already “discriminated against loving, qualified parents, including Heath and Lydia Marvin, whose licenses were revoked, and Nick and Audrey Jones, who are currently being threatened with license revocation and the forced relocation of their foster daughter.” He called the policies “deeply troubling” and “clearly contrary to the purpose of child welfare programs,” adding that his office has “the responsibility of monitoring how federal funds are used and ensuring that federal law is upheld.” “America has always stood for the freedom to believe, to speak, and to live according to one’s conscience and sincerely held religious beliefs. Those freedoms include freedom in child welfare. They are its foundation,” Gradison wrote. “When we begin excluding families from foster and adoption licensing, religious litmus tests do more than violate the First Amendment. We betray the very ideals that have made our nation’s child protection system a beacon of hope for vulnerable children.” Gradison also urged the state not to “shun willing, stable, and loving homes” and to provide information that “can shed light on your current policies.” The letter follows a federal investigation launched after two Massachusetts couples sued the state Department of Children and Families, claiming the policy violates their First Amendment rights. The lawsuit, Jones v. Mahaniah, was filed in September in U.S. District Court for the District of Massachusetts, as NewBostonPost previously reported. It names as defendants state Health and Human Services Secretary Kiame Mahaniah, Department of Children and Families Commissioner Staverne Miller, and two licensing officials. The Massachusetts Liberty Legal Center, an initiative of the Massachusetts Family Institute, and the Virginia-based Alliance Defending Freedom are representing the plaintiffs. Sam Whiting, general counsel of the Massachusetts Liberty Legal Center, said he's happy the feds are taking action. "We are very pleased that the federal administration is weighing in on this case to support Christian foster parents and ensure placements for foster children," Whiting told NewBostonPost by email. "This is a clear signal to any other state that wants to follow Massachusetts's lead in this kind of discrimination: not only will organizations like ours oppose you, but so will the federal government." The complaint says the state requires foster families to promise that they will encourage a child to transition socially and medically, use a child’s chosen pronouns, and otherwise affirm a child’s gender identity — even if doing so violates their religious convictions. Nick and Audrey Jones of Worcester County became licensed foster parents in 2023. They have cared for seven children under the age of six, including a 17-month-old girl who has lived with them since infancy, according to court papers. The lawsuit says the state intends to revoke their license and remove the toddler from their home because they will not sign the document agreeing to use pronouns or encourage gender transitions that conflict with their faith. Greg and Marianelly Schrock of Middlesex County served as foster parents from 2019 until this past summer, providing a home for 28 children during that time, according to court papers. Their license was also discontinued because of their Christian beliefs about gender identity, according to the complaint. The lawsuit argues that Massachusetts is narrowing the pool of available foster homes at a time of crisis. It notes that more than 6,500 children are in state care, but there are only 5,100 licensed foster homes. The Massachusetts Department of Children and Families could not be reached for comment. The U.S. Administration for Children and Families also could not be reached for comment. You can view the federal Administration for Children and Families' letter below:
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